Deemed Exports

The export control regulations exempt from licensing requirements technical information (but not controlled items) resulting from "fundamental research." 

See an explanation of the fundamental research exception at the following link: control/

 While exports are commonly associated with the shipment of a tangible item across the U.S. border, export controls have a much broader application. One of the most difficult issues with respect to export controls is the fact that an export is defined to include the transfer of controlled information or services to foreign nationals even when the transfer takes place within the territory of the United States. Though taking place inside the U.S., the transfer is "deemed" to be an export (as if exporting to the country of the foreign national). Such transfer or release may be made through oral, visual, or other means. An export may occur through:

1.    a demonstration;
2.    oral briefing;
3.    telephone call or message;
4.    laboratory or plant visit;
5.    presenting at conferences and meetings;
6.    faxes or letters;
7.    hand-carried documents, hardware or drawings;
8.    design reviews;
9.    the exchange of electronic communication;
10.  posting non-public data on the Internet or the Intranet;
11.  carrying a laptop, flash drive, smart phone, etc. with controlled technical information or software to an overseas destination; and/or
12.  collaborating with other universities/research centers through research efforts.


The issue of deemed exports is particularly relevant to university research because of the activities that normally take place at a university. While a university may be involved in the shipment abroad of equipment or machinery to participate in a conference, a joint project, or equipment loan programs, most often faculty and students are engaged in teaching and research. Whenever teaching or research are related to controlled equipment or technology, foreign students' or researchers' involvement may trigger export control compliance issues.

If you will be using any of the means listed above, you must determine if the information or services are controlled (if not controlled, the fundamental research exception applies).  To make this determination, see the University of Wyoming's Decision Tree at the following link: control/.

If controlled, you may need to obtain an export control license. Please contact the Research and Economic Development Division at 307-766-5320. 

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